Posted by: Ann Corcoran | March 26, 2012

Supreme Court rules in favor of landowners in case involving EPA

Tomorrow busloads of Tea Partiers and other conservative political activists will be going to Washington (again!) from all over Maryland (and other states too) to let Congress and the Supreme Court know how we feel about Obamacare.  But, last week (I didn’t have a minute to post it) the Supreme Court quietly reined in some of EPA’s power against property owners in the case of Sackett v EPA,

From Reuters:

WASHINGTON, March 21 (Reuters) – The U.S. Supreme Court ruled on Wednesday that landowners may bring a civil lawsuit challenging a federal government order under the clean water law, a decision that sides with corporate groups [Don’t you love it, this writer has to spin the story by throwing the word ‘corporate’ in here instead of the more accurate ‘property owners’ large and small—ed] and sharply curtails a key Environmental Protection Agency power.

The justices unanimously rejected the U.S. government’s position that individuals or companies must first fail to comply with an EPA order and face potentially costly enforcement action before a court can review the case.

The opinion by Justice Antonin Scalia was a victory for an Idaho couple who challenged a 2007 EPA order that required them to restore a wetland they had filled with dirt and rock as they began to build a new vacation home near Priest Lake. They were also told to stop construction on the home.

The couple, Chantell and Michael Sackett, denied their property had ever contained a wetland and complained they were being forced to comply with an order without a court hearing.

Big win for property rights.  Read it all.

By the way, 20 years ago a Maryland man was sentenced to prison for filling a wetland on private property, here is the story.


Responses

  1. I am confused about something. I looked at the story about Ellen. The story, basically says that Bush catered to the enviromentalists to change the law. The post says 20 years ago. That would make it 1992, wasn’t Clinton the president in 1992?

    • Hi Greg, I’ll have to go back and read it, but he could be referring to Bush the elder who was in fact a big greenie….


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